The Family and Medical Leave Act (FMLA) is something that the majority of employers must comply with as it is a federal law. Under FMLA, qualified officials are entitled to twelve full work weeks off without pay within a twelve-month period. A person can qualify for FMLA for a number of reasons, such as having a medical condition, needing to care for a family member with a medical condition, or caring for a new child after birth or adoption. In most cases, employees find that submitting the paperwork for FMLA is straightforward, and the majority of employers comply with all rules. However, problems can arise. The top reasons why you may need to consult a lawyer for issues pertaining to FMLA include:
Your Employer Punishes You for Using FMLA
If you have an event that qualifies for FMLA and you can provide the necessary paperwork, you are entitled to take leave. Your employer is not allowed to punish you in any way for taking leave, and if they do, it is in your best interest to contact a lawyer who specializes in FMLA cases. For example, when you're on leave, your employer can not use the days that you are absent against you, as they do not apply to an employer's attendance policy. You also can't lose a promotion or be denied a raise due to taking leave.
You Are Assigned to a Different Position
Under the terms of FMLA, your employer must hold your current position for you while you are on leave, and your position must be available for you when you return. Your employer is not allowed to reassign you to a new position. If you return to work and your employer tries to change your position or say that you're now working in a different department with different tasks, consult an FMLA lawyer.
You Are Not Allowed to Return to Work
When you qualify for FMLA, you are allowed to take as much time off as you need, as long as you do not exceed twelve weeks in a twelve-month period. However, you are not required to use the full twelve weeks allowed by FMLA if you do not want to. Since FMLA leave is unpaid, many people want to return to work as soon as they can in order to earn a paycheck. As long as you give notice to your employer telling them the date that you will return, they must oblige. It is against the law to not allow you to return to work after an FMLA leave.